Trevor J. Mohr, an Associate at Wilbraham,  Lawler & Buba in Philadelphia, has published this interesting paper titled “Note, From the Garage to the Internet  Superhighway: Tax Consequences For Individual eBay Users and IRS Policy  Towards the Online Marketplace.” Below is the conclusion thanks to the TaxProf blog.
 Congress and the IRS need more insight  into the use of e-commerce, and current tactics employed by the IRS  should be updated to reflect the change in social norms and technological  advancement. Failure to do so will only lead to an increased tax gap  and a heavier burden on the majority of the tax base who honestly report  income and pay the requisite taxes. E-commerce has emerged as an integral  function of modern business practice, yet the Code has not been modified  to reflect this change. Therefore, online businesses, as well as individual  vendors and purchasers, are able to avoid most applicable regulations  and federal income taxation requirements with little risk of getting  caught.
 There are several simple solutions to  the current problem, but it appears that our elected officials and appointed  members of the Treasury Department are not thinking ahead of the curve  to combat the loopholes technology created for online transactions.  IRS Forms W-9 and 1099 should be a standard requirement for those conducting  activities for profit on sites like eBay. In addition, both eBay and  its users should be held responsible for the current problem they created.  Although the IRS should offer more assistance to users and eBay in carrying  out their responsibilities, the agency can only be stretched so far.  Online traders should be more aware of their legal responsibility to  pay taxes on income derived from such sales, and eBay Inc. should uphold  its corporate and social responsibilities by combating the problem.  eBay claims it has no responsibility because it is merely the trading  platform, but that does not negate the fact that it derives income from  each and every transaction. For this reason, it should be regulated  and forced to assist the IRS in combating the current tax gap arising  from such unreported activity. Hopefully, the law will soon catch up  with technology, but until such change occurs, eBay users will continue  to sidestep federal income tax reporting requirements and benefit from  the burden the rest of us share.